EPA v. FERRARA CANDY COMPANY (FORMERLY KELLOGG CO)

Case summary

5/5/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $26,872.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT?S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT: A. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2), AND B. FAILED TO UPDATE EMERGENCY CONTACT INFORMATION WITHIN ONE MONTH OF ANY CHANGE IN THE EMERGENCY CONTACT INFORMATION FOR WHICH THE RMPLAN WAS SUBMITTED AS REQUIRED BY 40 C.F.R. ? 68.195(B).

Defendants (1)

• Ferrara Candy CompanyNamed in complaintNamed in settlement

Facilities (1)

• KELLOGG CO

  8060 BLUEGRASS DR., FLORENCE, KY, 41042

  Registry ID: 110000379698

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Ferrara Candy Companyentered 2021-05-05

  Primary law: CAA

  Federal penalty: $26,872

Timeline (4 milestones)

• 2021-05-05Final Order Issued
• 2021-05-05Complaint Filed/Proposed Order
• 2021-05-26Enforcement Action Data Entered
• 2021-07-06Enforcement Action Closed